QUESTION

My question is how would my deceased father's current spouse of only 6 months of marriage , be able to obtain 1/3 ?

Asked on May 31st, 2025 on Wills and Probate - California
More details to this question:
I'm 1 of the heirs out of 6 heirs in my father's intestate estate case. My case consist of 6 heirs , my Father's current spouse of only 6 months of marriage prior to his death and my father's ex wife whom he divorced a year prior to his death , when the divorce was finalized, 2 marital properties were in current litigation proceedings which property assets were not split during the divorce of a 34 yr marriage. My father's current spouse of 6 months, was only a living tenant with my father on 1 of the properties from his prior marriage in litigation and it was a business property with an adjoining living space within the building of the property which was acquired in his prior marriage. The spouse of 6 months has no children or property assets with my father , but she seems to feel that she gets a share of 1/3, which she also has a prior federal case which she owes 4.5 million in restitution for her crimes. So I can't understand why the current spouse feels so entitled.
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1 ANSWER

Personal Injury Attorney serving Orlando, FL
3 Awards
A spouse, whether married for a day or over 20 years, is entitled to an elective share of the deceased spouse’s estate. This right applies even if the will disinherits the surviving spouse. The elective share means that the surviving spouse can either accept what is provided for them in the deceased spouse’s will or, if the will either grants them property or excludes them entirely, they are entitled to automatically receive at least 30–35% of the deceased spouse’s estate. The only exception is if a prenuptial or postnuptial agreement explicitly excludes the spouse from claiming an elective share, and the spouse has legally executed the agreement.     
Answered on May 31st, 2025 at 6:10 AM

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